WP(C)/38848/2020
2021 Latest Caselaw 373 Ori

                                W.P.(C) NO.38848 of 2020




02.   11.01.2021           The matter is taken up through video
                   conferencing.
                           Heard, learned counsel for the petitioners
                   and learned Additional Government Advocate for
                   the State.
                           Petitioners in this Writ Petition seek for a
                   direction to Opposite Party No.3-the Special Land
                   Acquisition Officer, Lower Indra Irrigation Project,
                   Khariar, Nuapada to sanction and release the
                   awarded amount in their favour for acquisition of
                   land for construction of Lower Indra Irrigation
                   Project as per the judgment dated 30.01.2017
                   passed by the learned Civil Judge (Senior Division)
                   Nuapada in L.A.R. Case No.45 of 2011.
                           Learned counsel for the petitioners submits
                   that   the    Opposite    Party   No.3   prepared      the
                   calculation-sheet   and    submitted     it   before   the
                   Government on 26.09.2017 for sanction of the
                   decreetal dues in favour of the claimant. The
                   claimant expired in the year 2017 leaving behind
                   his wife-Sua Patel, son-Dhanajaya Patel and the
                   petitioners (Kia Patel and Guadei Patel-Daughters)
                   as his legal heirs. It is further submitted that after
                   sanction of the decreetal amount, the Special L.A.O.
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thereafter       noticed         on 30.06.2020       to     all
legal heirs of Late claimant to receive                   their
respective shares on 06.07.2020. The petitioners
received the payment notice, when they were
present before the office of the Opposite Party No.3
to receive their shares from the sanctioned amount.
Opposite Party No. 3 did not make any payment in
their favour. It is further submitted that the mother
and the brother of the petitioners do not want to
give them anything from the amount for which
petitioners approached several times to Opposite
Party No.3 for payment of their shares. But no
action has been taken by the Opposite Party No.3
for disbursement of the amount in their favour. It is
submitted        that      petitioners       have        made
representation before the Opposite Party No.2 vide
Annexure-2       ventilating     their      grievances      on
16.12.2020 and till date the same is pending
consideration.
           In view of the above, we dispose of the Writ
Petition    directing   the    Opposite     Party   No.2-the
Collector-cum-District        Magistrate,    Nudapada       to
consider and dispose of the representation of the
petitioners dated 16.12.2020 vide Annexrue-4 to
the Writ Petition in accordance with law within a
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      period of two months from the date of receipt of
      the copy of the order.
           The parties may utilize the soft copy of this
      order available in the High Court's website or
      printout thereof at par with the certified copies in
      the manner prescribed vide Court's Notice No.4587
      dated 25.03.2020.


                                   .............................
                                    C.R. Dash, J.

................................. S. K. Panigrahi, J. AKP